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Top Decision Making and Appeals topic #1933

Subject: "How long is a month?" First topic | Last topic
Damian
                              

WRO(Health), Salford WRS
Member since
23rd May 2005

How long is a month?
Tue 28-Nov-06 10:37 AM

Is there any caselaw on how long a month is for the purposes of reg 13 and 14 of the HB & CTB (D&A) Regs 2001 covering suspension and termination? ie does it include the day of notification. I am aware of R(IB)4/02 but I was wondering if the difference in wording was significant.

Also, since there is no doubt that the information was provided late, albeit that the authority may have jumped the gun and terminated the award a day early, is there anything to stop them just making a new termination decision?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: How long is a month?
Tue 28-Nov-06 04:19 PM

Relevant case law:

Dodds v Walker (1980) 1 WLR 1061 (CA - majority).

"If the relevant calendar month in which the period expires is too short to provide a corresponding date, the period expires on the last day of that month, but if that period expires in a calendar month which is long enough to provide a corresponding date, that date appears to me to be the date on which the period expires"

Also see Pruden v Cunard Ellerman (1993) I.R.L.R. 317.


In short;
1 Nov to 1 Dec is one month.
31 Mar to 30 Apr is one month (as no corresponding date in April)

At least I *think* that is the meaning of the case law....

  

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Top Decision Making and Appeals topic #1933First topic | Last topic